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    • Hello, on 9th of July 2018 I was issued a CCJ for 326£ for a non payment into my Natwest account - 6 month earlier I moved abroad and despite my better knowledge my direct debit with the phone company wasn't properly closed and the Natwest account went into arrears for that amount. As soon as I found out of that matter on 20th October 2018 I settled the amount in full with Moorcroft (the debt recovery agency instructed by Natwest to recover the amount).   When I returned to the UK I was shocked that my credit score was completely depleted - despited an otherwise good record - and that for the following 5 years I won't pretty much be able to access credit and other common financial products regardless of the fact the debt has been paid in full (and despite a stable high salary etc.).   When I contacted Moorcroft in January this year they said they can't do anything about it and the record will stay as is. They said the best they could do was to send me a letter (attached) that I can use as a confirmation that the CCJ was now settled. I was pretty sad and frustrated and shocked that a 300£ debt could put me into such distress (I literally cannot even get a monthly mobile phone plan) and despite having settled it I would carry such consequences for the next 5 years... so I archived the letter and tried to forget about it.   I recently checked my credit report and it states that the CCJ status is still active.   I would like to ask:  - is it really not possible to adjust the CCJ status ?  - are there any actions I can take to mitigate my situation ? - shouldn't at least Moorcroft have sent a more comprehensive letter stating that the CCJ was settled (instead of a generic 'payment received' with no indication of what and why) ?     Note: when I tried to contact Natwest in October 2018 they bounced mee across several departments but ultimately no-one could/would want to help as the account was permanently closed and passed onto debt recovery and they couldn't find much information about my records (apart from saying it's closed and Im no longer a customer of the bank and won't ever be able to be one again).   Thanks, V
    • I hope we can keep this thread for a discussion of SDs. If it descends into a slanging match then there probably isn't much point in having it.   HB
    • phew, just got an email from scmreferrals@justice.gov.uk.    I was worried that because the N180 was 5 days late, they would reject it.    There is still an new default on my credit file for the original amount + court costs. Surely Lowell shouldn't have submitted this yet?  
    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
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Helenh7

DVLA - mid ** Success **

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My car was written off in may 2012 i cancelled insurance on 18th may 2012 and didn't send docs into dvla until oct (5 months late) i sent them everything including tax disc from jan 2012 to jan 2013, dvla then sent confirmation slip and a check for £21 i think it was minus £40 or so less, i thought that was money they took for fine and that was end of it. WRONG a couple of weeks later i get a letter from - mid - database shows this vehicle was not insured on 19/10/2012 penalty £100, i filled form to appeal and inclosed dvla letter of confirmation and insurance letter of cancellation,then on 5th 12th 2012 i get final notice of failure to insure, so i phoned mid and asked what had happend to my letter of appeal, they said they didn't receive my letter BUT the records have now been updated, can anyone please advise me on what to write on this appeal, oh and how could they update records if they didn't receive my letter of confirmation from dvla. thankyou,

Edited by Helenh7
misspelling

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Hello Helenh7, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Moved to the DVLA section

 

I don't understand why you would send the insurance cancellation letter, that just proves the DVLA point that the vehicle wasn't insured as it shows you cancelled the insurance in May so the car was uninsured for about 5 months.

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Hi Conniff, I didn't have car to insure, it was written off as it was costing to much to repair, it went on fire due to a manufacturing fault, the manufacturers insurance company paid me out, once i accepted the offer i then went back to arnold clark where my car was going to be repaired, i emptied the car of my belongings and my tax disc,but due to ill health (severe deppression) i didn't send my documents into dvla until 5 months later, i was fully insured 1 year tax and mot everything was above board and legit, the accident happend in april and once i accepted the offer i then got in touch with insurance company and told them the story, no more car so cancelled insurance in may. I have since found out "under the new system"dvla will work in partnership with the motor insurer bureau to identify uninsured vehicles and send the registered keeper a warning letter warning them if they fail to comply with the advice set out in the letter they will face a fixed penalty of £100, I did not receive any letter. Motor insurance database sent me a fixed penalty only after i wrote to dvla,the only thing im guilty of is sending my documents in late, and they deducted £40 from my car tax refund, this must be because i was late with sending back tax disc,i phoned dvla to find out about the £40 and £100 fine that mid are asking for and was told cant talk about it on phone write in to fines office.

Edited by Helenh7
left somthing out

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Hi sir_gilmour, thankyou, yes it is a bit confusing.

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Unfortunately you never SORNed the car so were without insurance for 5 months as the DVLA had no idea it had been written off and are assuming you were using the car on the road without insurance. The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

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The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

 

I think Surfer may be quite right unfortunately. As we all suspected when they introduced this fantastic new law the was going to cure the problem of uninsured vehicles being driven, it does nothing of the sort, but merely is making a fortune off "innocent" owners who are caught in this minor misunderstanding and never had any intention of driving an uninsured car.

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Maybe a way out. Maybe at that time,the insurance company was the legal owner and the insurance company was negligent and never SORNed the vehicle. I think if OP can determine at what point ownership was passed onto insurance company, there may be a slim chance.

 

BTW what does normally happen in instances were the car is written off?

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BTW what does normally happen in instances were the car is written off?

 

RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

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RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

Thought as much, however after writing off a car and all the stress associated with it, probably the last thing on your mind. Surely if insurer do not ask for paperwork, how can they scrapped the vehicle. In an extreme circumstance if the person is killed or badly injured and in hospital for months, how would it work?

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Good news, i got letter from DVLA Enforcement Centre this morning it states,(Thank you for your reply to the fixed penalty notice. In view of the information provided to us no further action will be taken).What a relief, and yes Surfer01 i was totally stressed didn't need the extra aggro from the modern day bounty hunters. Thankyou to all who replyed to my query.

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|Good result. Common sense prevailed at DVLA for a change.

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Congratulations, I have change your subject title to show your success.

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